TITLE 26
MINORS
Chapter
01 Rights And Obligations Of Minors
02 Contracts Of Minors
03 Commission On Children And Youth Repealed
04 Child Welfare Services
05 Child Custody Jurisdiction Repealed
05A Uniform Child Custody Jurisdiction Act Repealed
05B Uniform Child Custody Jurisdiction And Enforcement Act
06 Children's Homes And Welfare Agencies
07 Juvenile Courts Transferred
07A Juvenile Court
08 Dependent Neglected And Delinquent Children Transferred
08A Protection Of Children From Abuse Or Neglect
08B Children In Need Of Supervision
08C Delinquent Children
08D Juvenile Justice--Public Safety Improvement
08E Probation Conditions--Graduated Sanctions And Incentives
09 Contributing To Delinquency Or Dependency
10 Offenses By And Against Minors
11 Criminal Proceedings Against Minors
11A Juvenile Correctional Facilities And Programs
12 Interstate Compact On Juveniles
13 Interstate Compact On Placement Of Children
14 Children's Trust Fund
15 Voluntary Fingerprinting Programs
16 County Interdisciplinary Child Information Teams
17 Missing Children
18 Uniform Child Abduction Prevention Act
26-1-1
Age of minority--Calculation of age.
26-1-2
Unborn child deemed existing person.
26-1-3
Enforcement of minor's rights--Guardian or conservator required.
26-1-4
Minor's liability for wrongs--Restriction on exemplary damages.
26-2-1
Delegation of power by minor--Contracts relating to property--Account at financial
institution.
26-2-2
Disability of minority removed to permit use of veterans' loan privileges.
26-2-3
Contracts subject to power of disaffirmance.
26-2-4
Power of disaffirmance not applicable to necessaries.
26-2-5
Power of disaffirmance not applicable to contract under express statutory authority.
26-2-6
Time for disaffirmance of contract--Persons authorized to disaffirm--Restoration of
consideration.
26-2-7
Blood donations by minors.
26-4-1
Superseded.
26-4-1.1, 26-4-2.
Superseded.
26-4-3, 26-4-4.
Superseded.
26-4-5, 26-4-6. Repealed.
26-4-7
Development of standards for child care agencies.
26-4-8
Repealed.
26-4-9
Repealed.
26-4-9.1
Adoption services program established--Rules adopted.
26-4-10 to 26-4-12. Repealed.
26-4-13
Foster care payments exempt from legal process.
26-4-14
Repealed.
26-4-15
Adoptive home study report for out-of-state children--Criminal record check and
central registry screening to be included.
26-5B-101 Short title.
26-5B-102 Definitions.
26-5B-103 Proceedings governed by other law.
26-5B-104 Application to Indian tribes.
26-5B-105 International application of chapter.
26-5B-106 Effect of child-custody determination.
26-5B-107 Priority.
26-5B-108 Notice to persons outside state.
26-5B-109 Appearance and limited immunity.
26-5B-110 Communication between courts.
26-5B-111 Taking testimony in another state.
26-5B-112 Cooperation between courts--Preservation of records.
26-5B-201 Initial child-custody jurisdiction.
26-5B-202 Exclusive, continuing jurisdiction.
26-5B-203 Jurisdiction to modify determination.
26-5B-204 Temporary emergency jurisdiction.
26-5B-205 Notice--Opportunity to be heard--Joinder.
26-5B-206 Simultaneous proceedings.
26-5B-207 Inconvenient forum.
26-5B-208 Jurisdiction declined by reason of conduct.
26-5B-209 Information to be submitted to court.
26-5B-210 Appearance of parties and child.
26-5B-301 Definitions.
26-5B-302 Enforcement under Hague Convention.
26-5B-303 Duty to enforce.
26-5B-304 Temporary visitation.
26-5B-305 Registration of child-custody determination.
26-5B-306 Enforcement of registered determination.
26-5B-307 Simultaneous proceedings.
26-5B-308 Expedited enforcement of child-custody determination.
26-5B-309 Service of petition and order.
26-5B-310 Hearing and order.
26-5B-311 Warrant to take physical custody of child.
26-5B-312 Costs, fees, and expenses.
26-5B-313 Recognition and enforcement.
26-5B-314 Appeals.
26-5B-315 Role of prosecutor or public official.
26-5B-316 Role of law enforcement.
26-5B-317 Costs and expenses.
26-5B-401 Application and construction.
26-5B-402 Severability clause.
26-5B-403, 26-5B-404. Reserved.
26-5B-405 Transitional provision.
CHAPTER 26-6
CHILDREN'S HOMES AND WELFARE AGENCIES
26-6-1 Agencies and institutions defined as child welfare agencies--Department of Social Services.
26-6-1.1 Chapter not applicable to day care services provided by school board for children of enrolled students.
26-6-1.2 Definitions.
26-6-2 26-6-2 to 26-6-6. Repealed by SL 1985, ch 211, §§ 2 to 6
26-6-6.1 Continuing foster care to age twenty-one.
26-6-7 26-6-7. Repealed by SL 1971, ch 165, § 13
26-6-8 License required to place child for adoption--Relatives and guardian excepted.
26-6-9 License or registration required for child care or placement by public or private agency--Waiver violation as misdemeanor.
26-6-10 26-6-10. Repealed by SL 1986, ch 222
26-6-11 Application for license--Investigation--Issuance--Conditions--Records--Public inspection.
26-6-12 Provisional license authorized.
26-6-13 Duration of licenses--Suspension or revocation--Assignment prohibited--Display or availability for inspection.
26-6-14 Categories of child welfare agency licenses.
26-6-14.1 Family day care defined--Number of children allowed.
26-6-14.2 Registration of family day care homes--Rules--Exemption--Investigation--Duration of registration--Assignment prohibited.
26-6-14.3 Issuance of child welfare license--Criminal record of applicant to be secured--Waiver by applicant--When application denied.
26-6-14.4 Persons to whom criminal record requirement applies.
26-6-14.5 Waiver, fingerprinting, and declaration as condition of employment--Time--Immediate termination of employee.
26-6-14.6 Meaning of conviction--Evidence of conviction.
26-6-14.7 Transfer of criminal record clearance when changing employment.
26-6-14.8 Unregistered family day care defined--Number of children allowed.
26-6-14.9 Submission of employees' names to department--Central registry background checks--Notification to provider--Issuance of certificate.
26-6-14.10 Prohibition of licensure, registration, or operation by person convicted of child abuse or other felony, or whose name appears on registry--Failure to report as misdemeanor.
26-6-14.11 Prohibition of child care by person convicted of child abuse, sex offense, or other felony, or whose name appears on registry--Violation as misdemeanor.
26-6-14.12 Before and after school day care exempt from zoning, uniform building, and safety provisions.
26-6-14.13 Information from another state's central registry or national crime database to be used only for background check.
26-6-15 Specification in licenses and registration certificates of work authorized.
26-6-15.1 Additional number of children in day care--Staff-to-child ratios.
26-6-15.2 Additional number of children in day care center operating preschool program.
26-6-16 Rules for child care by licensed or registered agencies promulgated by department--Matters included in rules.
26-6-17 26-6-17. Repealed by SL 1985, ch 211, § 11
26-6-18 Repealed by SL 2012, ch 151, § 7.
26-6-18.1 Establishment and support of day care centers by counties and municipalities.
26-6-18.2 26-6-18.2. Repealed by SL 1985, ch 77, § 42
26-6-18.3 Appropriation for day care centers.
26-6-18.4 Approved programs required for payments to nonprofit organizations--Records and periodic audit.
26-6-18.5 Exemption of program from zoning, building and fire and life safety codes.
26-6-19 Department of Health visitations and inspections.
26-6-20 Records on children in care of agencies--Information confidential.
26-6-20.1 Definition of terms.
26-6-20.2 Separation of residents' moneys required of homes and centers.
26-6-20.3 Demand trust account deposit of moneys not kept in center--Deposit with state treasurer by public agency.
26-6-20.4 Deposit of money for resident when over specified amount.
26-6-20.5 Surety bond required of facility handling more than specified monthly amount--Bond amount.
26-6-20.6 Safeguards and records required of facilities.
26-6-20.7 Public audit of records.
26-6-20.8 Revocation of license--Cause.
26-6-20.9 Surrender of moneys and funds upon discharge of resident--Receipt--Deposited funds.
26-6-20.10 Escheat of unclaimed property under specified value after death of resident--Notice to relatives--Time--Disposition of property or money.
26-6-21 Placement of children for adoption--Consent by agency to adoption.
26-6-21.1 26-6-21.1. Repealed by SL 2002, ch 130, § 1
26-6-22 Notice to remove child from child welfare agency.
26-6-23 Grounds for revocation or refusal to issue or renew child welfare agency license or registration.
26-6-23.1 Revocation or refusal to issue or renew license or registration for child abuse or violence.
26-6-23.2 Central registry background checks on employees.
26-6-24 Notice of intended revocation or refusal of renewal of license or registration--Hearing on protest--Temporary suspension.
26-6-25 Investigation by department of unlicensed and unregistered operations--Further action by department.
26-6-26 26-6-26. Repealed by SL 1985, ch 211, § 14
26-6-27 Educational and incidental activities exempt from chapter--State institutions.
26-6-28 Reduction of number of children in foster care.
26-6-29 Shelters for battered spouses exempt.
26-6-30 26-6-30 to 26-6-34. Repealed by SL 2004, ch 167, §§ 6 to 10
26-6-35 Foster care for person under continuing juvenile jurisdiction who is over the age of majority.
26-6-36 Definitions relating to religious child-placement agencies.
26-6-37 Adverse action defined.
26-6-38 Child-placement agency not required to provide service that conflicts with sincere written religious policy.
26-6-39 State may not take adverse action against child-placement agency acting on basis of sincere written religious policy.
26-6-40 Licensure and state benefit programs available to religious child-placement agency.
26-6-41 Religious child-placement agency to be independent from state.
26-6-42 Child-placement agency may not decline service on basis of race, ethnicity, or national origin.
26-6-43 Claim or defense based on §§ 26-6-36 to 26-6-50.
26-6-44 Relief available for successful claim or defense.
26-6-45 Sovereign immunity not waived.
26-6-46 Broad protection of free exercise of religious beliefs and moral convictions.
26-6-47 Other law in conflict preempted.
26-6-48 Time for asserting claim.
26-6-49 Construction with federal law.
26-6-50 Other child-placement agencies not limited by actions of religious child-placement agency--Best interest of child.
26-6-51 Monitor--Designation--Primary duty.
26-6-52 Monitor--Powers and duties.
26-6-53 Findings of abuse or neglect--Report.
26-6-54 Persons requesting assistance--Identity--Confidentiality.
26-6-55 Hinderance of monitor--Violation as misdemeanor.
26-6-56 Retaliatory acts--Prohibition--Violation as misdemeanor.
26-6-57 Persons making report--Identity--Confidentiality.
CHAPTER 26-7A
JUVENILE COURT
26-7A-1 Definition of terms.
26-7A-2 Original jurisdiction of dependency and delinquency proceedings--Effect of custody award in prior divorce proceedings--Application of Indian Child Welfare Act.
26-7A-3 Venue of dependency and delinquency proceedings--Transfer of proceedings.
26-7A-4 No costs or fees assessed against abused or neglected child--Assessment to parents or guardian--Fees permitted against supervised or delinquent child.
26-7A-5 Proceedings in best interest of child.
26-7A-6 Liberal construction for protection of child.
26-7A-7 Interference with court orders as contempt--Punishment.
26-7A-8 Court services officers--Appointment--Duties.
26-7A-9 State's attorneys to represent state and Department of Social Services--Exemption.
26-7A-10 Preliminary investigation by state's attorney--Authorized procedure on basis of investigation.
26-7A-11 Requirements for referral for informal adjustment or action.
26-7A-11.1 Criteria for referral for informal adjustment or action.
26-7A-12 Temporary custody by law enforcement officer or court services officer without court order.
26-7A-12.1 Child in possession of firearms on school property may be taken into temporary custody.
26-7A-13 Court-ordered temporary custody--Noticed hearing--Without noticed hearing.
26-7A-13.1 Hearing by intake officer.
26-7A-13.2 Delivery of juvenile to temporary custodian.
26-7A-14 Temporary care of child by caretaker designated by court--Limitation of temporary custody--Release.
26-7A-15 Notice to parents, guardian, or custodian of child taken into temporary custody--Notice of hearing--Information to Indian custodian or designated tribal agent--Failure to notify.
26-7A-15.1 Proceedings under certain chapters to which the Indian Child Welfare Act applies--Procedures.
26-7A-15.2 Form of notice to parent, custodian, or Indian tribe of child custody proceeding.
26-7A-15.3 Designated tribal agent defined.
26-7A-16 Child held until released by court.
26-7A-17 Notice to state's attorney of child taken into temporary custody--Written report--Notice to court.
26-7A-18 Temporary custody hearing--Best interests of child--Conducted telephonically.
26-7A-19 Options of court following temporary custody hearing for abused or neglected child.
26-7A-19.1 Preference for placement of abused or neglected child with relatives after hearing.
26-7A-19.2 Action by division when relative desires to take temporary or permanent placement of abused or neglected child.
26-7A-20 Release of child in need of supervision after temporary custody hearing--Exceptions.
26-7A-21 Release of delinquent child after temporary custody hearing--Exceptions.
26-7A-22 Temporary custody not an arrest.
26-7A-23 Temporary care, shelter, or detention facilities maintained by board of county commissioners.
26-7A-24 Intercounty contracts for use of facilities.
26-7A-25 County to care for children pending adjudication.
26-7A-26 Detention in jail with adult prisoners prohibited for abused or neglected child--Temporary detention--Detention with adults for child transferred to adult court.
26-7A-27 Police records of children taken into temporary custody--Confidentiality.
26-7A-28 Release of information on identity of child prohibited except by court order or when child adjudicated delinquent offender.
26-7A-29 Release of information to persons, agencies, or facilities with legitimate interest in child.
26-7A-30 Rights of child and parents, guardian, or custodian--Representation by attorney--Motion for new hearing--Appeal.
26-7A-31 Court appointed attorney--Compensation.
26-7A-32 Lien against property of parents for payment of court-appointed attorney--Exceptions--Limitation.
26-7A-32.1 Definition of terms regarding competency of juvenile.
26-7A-32.2 Incompetent juvenile not subject to chapters 26-8B or 26-8C.
26-7A-32.3 Raising issue of competency.
26-7A-32.4 Competency examination.
26-7A-32.5 Suspension of proceeding pending competency determination.
26-7A-32.6 Examiner's report.
26-7A-32.7 Competency determination hearing.
26-7A-32.8 Burden of proving competence.
26-7A-32.9 Statements by juvenile during competency evaluation not admissible.
26-7A-32.10 Competency may be revisited upon transfer to adult court.
26-7A-32.11 Procedure upon finding that juvenile not competent to proceed but probably will be competent in foreseeable future.
26-7A-32.12 Procedure upon finding that juvenile not competent to proceed and probably will not be competent in foreseeable future.
26-7A-33 Priority in scheduling hearings and trials.
26-7A-34 Conduct of hearings.
26-7A-35 Record of hearings.
26-7A-36 Hearings closed unless court compelled otherwise--Exceptions.
26-7A-36.1 Attendance at juvenile hearings by crime victims.
26-7A-37 Persons authorized to inspect or receive copies of records of court proceedings.
26-7A-38 Protection of identity of witnesses--Violation creates cause of action for civil damages--Contempt.
26-7A-39 Compulsory process for attendance of defense witnesses.
26-7A-40 Witness fees and expenses.
26-7A-41 Physical and mental health examination--Placement in suitable facility--Report.
26-7A-42 Court-ordered protection, support or dental, medical or surgical treatment--Parental consent--Costs.
26-7A-43 Petition alleging abused or neglected child, child in need of supervision or delinquent child--Required information--Verification.
26-7A-44 Summons--Unknown parties--Contents.
26-7A-45 Failure to appear before the court--Contempt.
26-7A-46 Hearing on petition upon waiver of notice.
26-7A-47 Service of summons.
26-7A-48 Publication of summons--Affidavit or certificate of publication.
26-7A-49 Warrant issued against parents, guardian, or custodian.
26-7A-50 Apprehension of child on warrant--Promise of parent, guardian, or custodian to produce child at hearing.
26-7A-51 Failure to produce child at hearing as contempt.
26-7A-52 Bond to secure court appearance of child in need of supervision or delinquent child.
26-7A-53 Appearance and answer by interested parties--Failure as default--Petition taken as admitted by default.
26-7A-54 Advisory hearing before adjudicatory hearing.
26-7A-55 Petition admitted to by all parties--Dispositional hearing--Petition not admitted to--Adjudicatory hearing--Interim order for temporary custody.
26-7A-56 Rules of procedure and evidence apply to adjudicatory hearings--Rules for other hearings prescribed by court.
26-7A-57 Discovery--"Respondent" defined--"Child" defined.
26-7A-58 Inspection by respondent or child of statements made by any respondent or child.
26-7A-59 Request for copy of prior order of adjudication or final decree of disposition.
26-7A-60 Right to inspect, copy, or photograph books, papers, documents, photographs, tangible objects, buildings, or places.
26-7A-61 Right of respondent or child to inspect, copy, or photograph results or reports of physical or mental examinations and scientific tests or experiments.
26-7A-62 Inspection of internal documents of state prohibited--Exceptions--Inspection of statements of state's witnesses prohibited--Exceptions.
26-7A-63 Statement of state's witness or prospective witness not subject to discovery until witness has testified.
26-7A-64 Examination upon request of statement by state's witness relating to subject matter of witness' testimony.
26-7A-65 Excise of nonsubject matter related material from witness' statement to be produced--Appeal.
26-7A-66 Witness' testimony struck from record upon state's attorney's election not to deliver statement to respondent or child.
26-7A-67 "Statement" defined.
26-7A-68 State's attorney may inspect, copy, or photograph documents or objects in possession of respondent or child.
26-7A-69 State's attorney's right to inspect, copy, or photograph physical or mental examination results and reports of scientific tests or experiments.
26-7A-70 State's attorney prohibited from inspection of internal documents made by respondent or child or attorneys in connection with case.
26-7A-71 Notice of additional evidence.
26-7A-72 Court order upon discovery motion.
26-7A-73 Failure of party to comply with discovery provisions.
26-7A-74 Depositions--"Respondent" defined--"Child" defined.
26-7A-75 Depositions only as provided by statute or rule--Motion by party due to exceptional circumstances.
26-7A-76 Notice of deposition--Right of child or respondent to be present--Waiver.
26-7A-77 Manner of taking and filing deposition--Examination and cross examination.
26-7A-78 Deposition enclosed, sealed, and endorsed--Transmitted to county clerk.
26-7A-79 Use of depositions.
26-7A-80 Objections to deposition testimony or evidence--Basis.
26-7A-81 Deposition by agreement of parties not precluded.
26-7A-82 Adjudicatory hearing following advisory hearing--Support of evidence.
26-7A-83 Evidence considered at adjudicatory hearing--Appearance of party preparing reports and materials used as evidence.
26-7A-84 Order to amend petition.
26-7A-85 Child with mental illness or intellectual disability--Suspension of hearing--Examination.
26-7A-86 Final order when allegations not supported by evidence--Additional findings and conclusions for abused or neglected child--Appeal.
26-7A-87 Adjudication subject to intermediate appeal--Dispositional proceedings--Interim dispositional decree.
26-7A-88 Examination, investigation, and reports of adjudicated child before final disposition.
26-7A-89 Continuance of case--Custody of child pending disposition--Term of continuance.
26-7A-90 Evidence heard at dispositional hearing--Interim decree--Final decree.
26-7A-91 Notice of entry of order of adjudication or final decree--Service of publication.
26-7A-92 Guardian of placed child.
26-7A-93 Placement subject to availability of space.
26-7A-93.1 26-7A-93.1. Repealed by SL 1996, ch 172, § 7
26-7A-94 Provisions for payment of custodial care costs.
26-7A-95 Parents' duty to support child--Costs of custodial care payable on demand.
26-7A-96 Acceptance and expenditure of additional funds for custodial care costs.
26-7A-97 Order or decree of guardianship of child--Certified copy as authority for custody--Social studies, clinical reports, and other information transmitted with order.
26-7A-98 Order for payment of, or reimbursement for, support to guardian or conservator or institution--Reasonable payment--Security and enforcement of order--Modification.
26-7A-99 Order of wage assignment for support of child--Discovery of employment--Disobedience as contempt.
26-7A-100 Conservatorship of estate of child.
26-7A-101 Period of continuation of guardianship or conservatorship--Application for new guardian or conservator, restoration to parents or discharge of guardian or conservator.
26-7A-102 Jurisdiction of court.
26-7A-103 Court order for report by guardian or institution.
26-7A-104 Review dispositional hearing to remove guardian or institution or restore child to parents.
26-7A-105 Child not disqualified from public office, civil service, or military service--Not a criminal conviction.
26-7A-106 Proceedings not admissible in criminal or civil action against child.
26-7A-107 Order of protection--Authorized provisions--Termination, modification or extension of order.
26-7A-107.1 Provisions for violation of order of protection.
26-7A-107.2 Violation of order of protection as a misdemeanor.
26-7A-108 Modifying or setting aside order or decree--Hearing required on probation violation or change in legal custody.
26-7A-108.1 Suspension of probationary period under certain conditions.
26-7A-109 Petition for modification or termination of custody decree on change of circumstances.
26-7A-110 Petition for new hearing on ground of new evidence.
26-7A-111 Interstate compacts not affected by provisions.
26-7A-112 Rules of procedure govern appeals--Notice to attorney general.
26-7A-113 Sealing records in action involving abused or neglected child--Inspection.
26-7A-114 Sealing records in action involving child in need of supervision--Inspection.
26-7A-115 Sealing records in action involving delinquent child--Inspection.
26-7A-115.1 Victim of human trafficking or sexual exploitation--Expungement of delinquency record.
26-7A-116 Distribution of copies of order sealing records--Inspection of sealed records.
26-7A-117 Maximum age for which committed.
26-7A-118 Parent or guardian required to appear at certain hearings.
26-7A-119 26-7A-119. Repealed by SL 1996, ch 172, § 15
26-7A-120 Confidentiality of records.
26-7A-121 26-7A-121. Repealed by SL 1996, ch 172, § 16
26-7A-122 Court discharge of child from Department of Corrections--Restoration to parent, guardian, or custodian or change in placement--Resisting discharge.
26-7A-123 Department of Corrections to file periodic report on child in custody--Contents of report.
26-7A-124 Judicial review of report--Court may issue show cause order against department.
26-7A-125 Graduated sanctions and incentives program for responding to probation violations.
26-7A-126 Law enforcement treatment as juvenile cited violation--Procedure--Report to state's attorney.
26-7A-127 Action by state's attorney for juvenile cited violation.
26-7A-128 Admission or denial of alleged juvenile cited violation--Procedure.
26-7A-129 Judgment on juvenile cited violation.
26-7A-A APPENDIX OF FORMS
CHAPTER 26-8A
PROTECTION OF CHILDREN FROM ABUSE OR NEGLECT
26-8A-1 Purpose of chapter.
26-8A-2 Abused or neglected child.
26-8A-3 Persons required to report child abuse or neglected child--Intentional failure as misdemeanor.
26-8A-4 Additional persons to report death resulting from abuse or neglect--Intentional failure as misdemeanor.
26-8A-5 Application of terms.
26-8A-6 Report of abuse or neglect by hospital personnel--Failure as misdemeanor--Written policy required.
26-8A-7 Child abuse or neglect reports by school personnel--Failure as misdemeanor--Written policy required.
26-8A-8 Oral report of abuse or neglect--To whom made--Response report.
26-8A-9 Investigation of oral report--Other action permitted--Appointment of attorney--Compensation.
26-8A-10 Report to social services--Content.
26-8A-10.1 Notice to child's parents of determination of abuse or neglect--Contents--Confidentiality.
26-8A-10.2 Exception to notice requirement.
26-8A-11 Request to amend or remove record--Administrative hearing--Decision.
26-8A-11.1 Request for a hearing to release name of complainant in unsubstantiated investigation.
26-8A-12 Operation of central registry for abuse and neglect--Adoption of rules.
26-8A-12.1 Abuse and neglect screening of head start employees and adoptive or foster parents.
26-8A-12.2 Abuse and neglect screening required of certain current and potential employees and volunteers--Written consent required.
26-8A-12.3 Central registry check of kinship, foster care, adoption, and child welfare agency employment applicants.
26-8A-12.4 Central registry check of prospective foster or adoptive parents at request of governmental social service agency for another state.
26-8A-13 Confidentiality of abuse or neglect information--Violation as misdemeanor--Release to certain parties.
26-8A-13.1 Certain child protection records to be provided to the court, court services, state's attorney, or agencies--Discovery--Fees.
26-8A-13.2 Consent of possible caretaker required for central registry screenings.
26-8A-13.3 Allegations relating to military parent or guardian--Notice to defense department family advocacy program.
26-8A-14 Immunity from liability.
26-8A-15 Communications not privileged in child abuse or neglect cases.
26-8A-16 Photographs, videotapes, or other images, and medical examinations taken without consent--Disposition.
26-8A-17 Child protection teams.
26-8A-18 Appointment of counsel--Compensation--Assistance.
26-8A-19 Abused and neglected child defense fund--Distribution to counties--Pro rata.
26-8A-20 Appointment of representative of child's best interest--Duties.
26-8A-21 Reasonable efforts to eliminate need for removal--Reasonable efforts to return child to home--Determining adequacy of efforts.
26-8A-21.1 Exceptions to § 26-8A-21.
26-8A-21.2 Permanency hearing required if child is not to be returned to parents--Court to determine placement--Final dispositional hearing.
26-8A-22 Final decree of disposition--Permitted disposition when parental rights not terminated--Annual permanency hearing for child in foster care.
26-8A-22.1 Court to require instruction in parenting as part of sentence in certain convictions.
26-8A-23 Court-ordered medical, psychological or psychiatric treatment of spiritually-treated child.
26-8A-24 Periodic review hearings of foster care status--Petition for judicial action.
26-8A-25 Criteria for determining continued placement of child separate from home.
26-8A-26 Termination of parental rights--Return of child to parents or continued placement--Annual permanency hearing for child in foster care.
26-8A-26.1 Additional reasons for termination of parental rights.
26-8A-27 Final decree terminating parental rights of one or both parents--Child support arrearages--Custody of child.
26-8A-28 Notice of order or final decree--Service--Appeal.
26-8A-29 Continuing jurisdiction over abused or neglected child.
26-8A-29.1 Request for hearing by relative denied adoptive placement--Time limits--Intervention.
26-8A-30 Testimony of child by closed circuit television--Hearing to determine necessity.
26-8A-31 Persons allowed to be present during closed circuit television testimony--Display of defendant's image in room where child testifies--Recesses for defendant consultation--Court communication--Child testimony outside jury presence.
26-8A-31.1 Rights of child witness.
26-8A-32 Due regard to be afforded Indian Child Welfare Act.
26-8A-33 Proceeding involving child covered by Indian Child Welfare Act.
26-8A-34 Alcohol or drug testing as condition of child placement or return.
26-8A-35 Toxicology test of newborn infant for exposure to controlled substance--Report of positive result.
26-8A-36 Immunity from liability for administering or not administering toxicology test.
26-8A-37 Health care practitioner defined.
CHAPTER 26-8B
CHILDREN IN NEED OF SUPERVISION
26-8B-1 Purpose of chapter.
26-8B-2 Child in need of supervision defined.
26-8B-3 Circumstances requiring release--Circumstances allowing detention--Length of detention.
26-8B-4 Community response team recommendation--Plan of disposition.
26-8B-5 Medical or mental health care for child.
26-8B-6 Decree of disposition--Contents--Findings.
26-8B-7 Limit of temporary custody.
26-8B-8 Terms and conditions of probation--Duration--Written statement and explanation required--Review--Release--Modification.
26-8B-9 Provisions for violation of terms and conditions.
CHAPTER 26-8C
DELINQUENT CHILDREN
26-8C-1 Purpose of chapter.
26-8C-2 Delinquent child defined.
26-8C-3 Release--Placement in shelter--Circumstances warranting detention.
26-8C-3.1 Risk assessment instrument for statewide use.
26-8C-4 Suspension of adjudication of delinquency--Probation--Revocation of suspension.
26-8C-5 Community response team recommendation--Plan of disposition.
26-8C-6 Court-ordered physical or mental health care for child.
26-8C-7 Decree of disposition--Contents--Findings.
26-8C-8 26-8C-8. Transferred to § 26-7A-93.1
26-8C-9 Limit of temporary custody.
26-8C-10 26-8C-10. Repealed by SL 1996, ch 172, § 22
26-8C-11 Termination of jurisdiction upon successful disposition.
26-8C-12 26-8C-12. Repealed by SL 1992, ch 183, § 7
26-8C-13 26-8C-13. Repealed by SL 1996, ch 172, § 24
26-8C-14 Terms and conditions of probation--Duration--Written statement and explanation required--Review--Release--Modification.
26-8C-15 Provisions for violation of terms and conditions of probation.
CHAPTER 26-8D
JUVENILE JUSTICE--PUBLIC SAFETY IMPROVEMENT
26-8D-1 Definitions.
26-8D-2 Fiscal incentive program for diversion opportunities--Requirements--Allotment of moneys--Report.
26-8D-3 Treatment for juvenile system involved youth.
26-8D-4 Collection and report of treatment program referral and completion data.
26-8D-5 Evaluation and recommendations to improve outcomes for Native American children in juvenile justice system.
26-8D-6 Report of evaluation and recommendations.
26-8D-7 Juvenile Justice Oversight Council established.
26-8D-8 Council--Purpose--Members.
26-8D-9 Council--Sunset--Meetings--Tasks.
26-8D-10 Community response teams--Purpose--Members--Confidentiality of records.
26-8D-11 Promulgation of rules regarding community response teams.
26-8D-12 Report of nonidentifying aggregate data for jurisdictions where community response team established.
26-8D-13 Recipients of community services--Liability.
26-8D-14 Findings of fact and conclusions of law justifying need for extended detention.
26-8D-15 Unified Judicial System semiannual report to oversight council--Contents.
26-8D-16 Unified Judicial System semiannual report to oversight council on probation.
26-8D-17 Placement in group care facility--Performance-based reimbursement--Juvenile corrections facilities to operate programs to achieve treatment goals and release to aftercare.
26-8D-18 Placement in residential treatment center or intensive residential treatment center--Performance-based reimbursement.
26-8D-19 Department of Corrections semiannual report to oversight council--Contents.
26-8D-20 Department of Corrections semiannual report to oversight council on aftercare.
26-8D-21 Juvenile justice detention cost-sharing fund created.
26-8D-22 Participating and nonparticipating counties.
26-8D-23 Reimbursement of participating counties.
26-8D-24 Amount of reimbursement.
26-8D-25 26-8D-25. Repealed by SL 2019, ch 125, § 1, eff. June 28, 2019.
26-8E-1
Policy of the judicial system.
26-8E-2
Statewide use of response grids.
26-8E-3
Incentives grid.
26-8E-4
Response grids to be standard condition of probation.
26-8E-5
Conduct requiring probation violation report--Modification or revocation of
probation.
26-8E-6
Sanctions grid--Documentation for sanction or incentive.
26-8E-7
Factors for imposing sanction--Positive reinforcement.
26-8E-8
Detention.
26-8E-9
Term of probation.
26-8E-10
Juvenile response grid oversight committee.
26-8E-11
Sentencing court's authority not limited.
APPENDIX A.
APPENDIX B.
CHAPTER 26-9
CONTRIBUTING TO DELINQUENCY OR DEPENDENCY
26-9-1 Contributing to abuse, neglect, or delinquency or causing child to become child in need of supervision as misdemeanor.
26-9-2 Short terms used to describe offenses.
26-9-3 Original jurisdiction of prosecutions.
26-9-4 Probation officers authorized to file complaints--Assistance by state's attorney--General powers of state's attorney unimpaired.
26-9-5 Interpretation and construction in prosecutions under chapter.
26-9-6 Actual abuse, neglect, or delinquency not required for conviction.
26-9-7 Liberal construction for protection of child.
26-9-8 Criminal proceedings under other laws not prevented.
26-9-9 Consistency with other laws for support and protection of children.
26-9-10 Proceedings under chapter not prevented by similar laws--Duplicate prosecutions considered in mitigation.
26-9-11 Suspension, stay, or postponement of sentence--Release from custody on condition.
26-9-12 Abused or neglected child left in custody of person under suspended sentence--Conditions of suspension.
26-9-13 Enforcement of sentence after suspension or stay--Commencement of jail term.
26-9-14 Maximum period of suspension or stay of sentence--Release and discharge on compliance with terms.
26-9-15 Security for child support required after conviction for contributory abuse or contributory neglect--Forfeiture on failure to comply with conditions.
26-9-16 Separate suit not required to recover on bond--Order to show cause--Judgment on bond.
26-9-17 Disposition of recovery on bond.
CHAPTER 26-10
OFFENSES BY AND AGAINST MINORS
26-10-1 Abuse of or cruelty to minor as felony--Reasonable force as defense--Limitation of action.
26-10-1.1 26-10-1.1. Transferred to § 26-8A-23
26-10-2 26-10-2. Repealed by SL 1978, ch 159, § 1
26-10-2.1 Professional boxing by minors prohibited.
26-10-3 26-10-3. Repealed by SL 1971, ch 211, § 121
26-10-4 26-10-4. Repealed by SL 1977, ch 189, § 126
26-10-6 26-10-6. Repealed by SL 1977, ch 189, § 126
26-10-7 26-10-7. Repealed by SL 1974, ch 243, § 1
26-10-8 26-10-8. Repealed by SL 1979, ch 173
26-10-9 26-10-9. Repealed by SL 1994, ch 172, § 3
26-10-10 26-10-10 to 26-10-12.2. Transferred to §§ 26-8A-3 to 26-8A-10
26-10-12.3 26-10-12.3. Transferred to § 26-8A-13
26-10-14 26-10-14, 26-10-15. Transferred to §§ 26-8A-14, 26-8A-15
26-10-16 26-10-16, 26-10-17. Transferred to §§ 26-8A-17, 26-8A-18
26-10-17.1 26-10-17.1. Transferred to § 25-4-45.4
26-10-18 26-10-18. Transferred to § 26-8A-16
26-10-19 Tattooing minor without parental consent as misdemeanor.
26-10-20 Repealed.
26-10-21 26-10-21, 26-10-22. Repealed by SL 1994, ch 280, §§ 6, 7
26-10-23 26-10-23. Repealed by SL 1998, ch 215, § 2
26-10-24 Repealed.
26-10-25 Time for commencing civil action for damages resulting from childhood sexual abuse.
26-10-26 Date of discovery in child sexual abuse action.
26-10-27 Knowledge of parent or guardian.
26-10-28 "Child" defined.
26-10-29 "Childhood sexual abuse" defined.
26-10-30 Permitting physical or sexual abuse of child as felony--Affirmative defense.
26-10-31 Causing child to be present where methamphetamines used, distributed, or manufactured as misdemeanor.
26-10-32 Branding of a minor prohibited--Violation as misdemeanor or felony.
26-10-33 Juvenile sexting prohibited--Violation as misdemeanor.
26-10-34 Defenses to juvenile sexting.
26-10-35 Depiction of person charged not a defense to juvenile sexting.
26-11-1
Proceedings on offense for which child not subject to delinquency proceedings--Prosecution as adult--Detention in adult jail or lockup.
26-11-1.1
Strip-search for curfew violation prohibited.
26-11-2
Child arrested for other offenses taken before circuit court--Transfer by magistrate
to circuit court--Disposition as if on delinquency petition.
26-11-3
Circuit court direction to hold child in custody until felony charge filed.
26-11-3.1
Request for transfer hearing by delinquent child charged with felony.
26-11-4
Criminal proceedings against child charged with a felony permitted by circuit court--Transfer hearing--Factors considered--Order holding child--Retention of
jurisdiction by court.
26-11-5
Repealed.
26-11-5.1
Provision for notice to school officials and parent or guardian by law enforcement
agency where student suspected of violating state drug or alcohol laws or of
threatening violence.
26-11-5.2
Provision for notice to school officials by judicial system where student convicted
of certain crimes.
26-11-5.3
Disclosure of student's adjudication or conviction governed by federal law--Conditions.
26-11-6 to 26-11-9.
Repealed.
26-11-10
Repealed.
CHAPTER 26-11A
JUVENILE CORRECTIONAL FACILITIES AND PROGRAMS
26-11A-1 Establishment, maintenance, and operation of juvenile correctional facilities and programs.
26-11A-1.1 26-11A-1.1. Repealed by SL 2004, ch 168, § 72
26-11A-1.2 26-11A-1.2. Repealed by SL 2002, ch 132, § 1
26-11A-1.3 26-11A-1.3. Repealed by SL 2004, ch 168, § 73
26-11A-1.4 Department authorized to lease former state property--Disposition of revenue.
26-11A-2 Acceptance and expenditure of funds--Approval.
26-11A-3 Liability for medical and related services cost for committed juvenile--Securing payment on failure of responsible party to pay.
26-11A-4 Prohibition against court's commitment of juvenile to specific department facility or program.
26-11A-5 Age limit for juvenile within departmental jurisdiction.
26-11A-6 Age limit for placement of child sentenced as adult into juvenile facility--Affect on status.
26-11A-7 Jurisdiction and custody of adjudicated juvenile.
26-11A-8 Extent of security and treatment services for committed juvenile--Placement of juvenile.
26-11A-8.1 Treatment and aftercare plans--Treatment team meetings.
26-11A-9 Transfer of juvenile after initial placement.
26-11A-10 Placement contracts regarding juveniles and other states--Transfer of custody--Effect on juvenile's legal rights.
26-11A-11 Custodian of person of juvenile.
26-11A-12 Aftercare supervision program for juveniles conditionally released--Foster care--Terms, conditions, and duration of aftercare given in writing.
26-11A-13 Failure to comply with terms and conditions of aftercare--Duration of temporary detention or shelter--Violations.
26-11A-14 Temporary detention or shelter hearing--Timing--Orders of hearing officer--Holding of juvenile pending hearing.
26-11A-15 Aftercare revocation--Hearing--Notice--Written statement of allegations--Witnesses and evidence--Representation.
26-11A-16 Finding of violation or frustration of purpose--Continuance of aftercare.
26-11A-17 Release of juvenile for continuance of aftercare.
26-11A-18 Form of hearings.
26-11A-19 Reimbursement of expenses--Procedure.
26-11A-20 Grounds for discharge of juvenile--Department's jurisdiction ends at age twenty-one.
26-11A-20.1 Risk and needs evaluation required for juvenile who is not discharged by age nineteen.
26-11A-21 Restoration of juvenile to custody of parent or guardian--Appointment of new guardian.
26-11A-22 Committing court to receive notice of intent to discharge juvenile--State's attorney to notify any involved victim.
26-11A-23 Use of restraints prohibited--Exceptions--"Restraints" defined.
26-11A-24 Definition of terms.
26-11A-25 Monitor within juvenile corrections system--Primary duty.
26-11A-26 Allegations of abuse within juvenile corrections facilities to be reported to monitor.
26-11A-27 Powers and duties of monitor.
26-11A-27.1 Certification that report of activities of monitor does not disclose juvenile's or other person's identity.
26-11A-28 Monitor to report findings of abuse or neglect.
26-11A-29 26-11A-29. Repealed by SL 2002, ch 133, § 2
26-11A-30 Disclosure of identities of juveniles or others requesting assistance not required--Identity of person reporting to monitor to remain confidential.
26-11A-31 Knowingly hindering actions of monitor as misdemeanor.
26-11A-32 Retaliatory acts against individual who cooperates with monitor prohibited--Violation as misdemeanor.
26-11A-33 Identities of persons or agencies reporting to monitor to remain confidential.
26-11A-33.1 Confidential report of allegations of abuse and neglect within private contracted facilities.
26-11A-34 Records to be provided to the court and Department of Social Services.
26-12-1 to 26-12-14. Repealed.
26-12-15
Interstate Compact on Juveniles continued in force--Text of compact.
26-13-1
Compact continued--Text.
26-13-2
Department as authority to concur in placement of children.
26-13-3
Department as agency for supervision of children placed.
26-13-4
Executive authority--Administration of compact.
26-13-5
Financial responsibility for child placement.
26-13-6
Supplementary agreements with other states--Approval by commissioner of finance.
26-13-7
Omitted.
26-13-8
Placement of child in another state--Retention of jurisdiction by court.
26-13-9
Visitation, inspection, and supervision requirements deemed met when performed pursuant
to compact.
26-14-1
Creation--Expenditure restricted.
26-14-2
Acceptance of contributions.
26-14-3
Use of fund--Administrative charges prohibited.
26-14-4
Repealed.
26-14-5
Participating fund status.
26-15-1
Programs developed by school districts--Private schools.
26-15-2
Purpose--Requirements.
26-15-3
Periodic offering of program--Notice to parents.
26-15-4
Other fingerprinting programs unaffected.
26-16-1
Agreement to form county interdisciplinary child information team--Members.
26-16-2
Team voting to allow additional persons to join team--Authorized members.
26-16-3
Auxiliary teams.
26-16-4
Information sharing in serving child for specified purposes--Confidentiality.
26-16-5
Terms of written agreement--Filing.
26-16-6
Education records.
26-16-7
Immunity from civil liability for team members acting in good faith.
26-16-8
Agreement to include requirement for notice to parent or guardian--Exception.
26-17-1
Agreement for parent locator service.
26-17-2
Missing child report--Time for law enforcement agency to integrate information into
national crime information center computer.
26-17-3
Notice to parents that information integrated into computer.
26-17-4
Information provided about missing child.
26-18-1
Short title.
26-18-2
Definitions.
26-18-3
Cooperation and communication among courts.
26-18-4
Actions for abduction prevention measures.
26-18-5
Jurisdiction.
26-18-6
Contents of petition.
26-18-7
Factors to determine risk of abduction.
26-18-8
Provisions and measures to prevent abduction.
26-18-9
Warrant to take physical custody of child.
26-18-10
Duration of abduction prevention order.
26-18-11
Uniformity of application and construction.
26-18-12
Relation to Electronic Signatures in Global and National Commerce Act.
